Bill C-35

Articles of Agreement, Discharge and Record of Sea Service

(a) ensure that every crew member has entered into and received articles of agreement, in the form and manner specified by the Minister, with respect to their position on the vessel; and

(b) display, in a location that is accessible to the crew, the provisions of the articles of agreement that are common to each crew member.

Return of Crew Members

Births and Deaths

(a) without delay inform the Minister or a diplomatic or consular officer of Canada of the circumstances surrounding the death; and

(b) at the option of the person, if any, whom the crew member identified as a contact in case of emergency, arrange to bury or cremate the body or, if the person and the master agree on a place to return the body to, return it to that place.

Obligation of Persons Who Provide Crew Members

(a) paragraph 90(1)(a) (enter into articles);

(b) section 91 (provide certificate of discharge);

(c) subsection 92(1) (maintain record of sea service);

(d) subsection 92(2) (provide copy of record of sea service); and

(e) subsection 93(1) (pay expenses), except in respect of any expenses covered by insurance for which that other person or the authorized representative paid.

Resolution of Disputes

Regulations

(a) specifying the positions that shall be occupied on board Canadian vessels, or classes of Canadian vessels, their minimum number and the types and classes of Canadian maritime documents that persons in those positions shall hold;

(b) specifying the requirements in respect of any position on board Canadian vessels or classes of Canadian vessels;

(c) specifying the types and classes of certificates that may be issued in respect of positions on board Canadian vessels or classes of Canadian vessels;

(d) respecting the qualifications required of applicants for any type or class of certificate specified under paragraph (c), including their medical fitness, minimum age, degree of knowledge, skill, training and experience;

(e) respecting the manner of determining whether a person meets the requirements specified under paragraph (b) in respect of a position or the qualifications required under paragraph (d) for any type or class of certificate of competency or other Canadian maritime document;

(f) specifying the terms and conditions of certificates of competency or other Canadian maritime documents issued under this Part;

(g) specifying the circumstances in which ensuring arrangements for a crew member's return and paying their expenses are not required for the purpose of subsection 93(1);

(h) respecting persons who enter into agreements to provide crew members, including requiring that those persons be licensed;

(i) specifying the Canadian vessels or classes of Canadian vessels in respect of which the master shall enter into articles of agreement with crew members;

(j) specifying the information that must be contained in articles of agreement;

(k) specifying what constitutes a serious violation of a contract of employment;

(l) respecting any occupational health matter on board a vessel that is not regulated by the Canada Labour Code; and

(m) respecting the payment and allotment of crew members' remuneration.

Offences and Punishment

(a) subsection 82(2) (operating a vessel without sufficient and competent crew);

(b) subsection 82(3) (obstructing the operation of a vessel); or

(c) a provision of the regulations made under any of paragraphs 99(a) to (i) and (k) to (m).

(a) on conviction on indictment,

(i) if the offence is committed knowingly, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and

(ii) if the offence is committed negligently, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; and

(b) on summary conviction,

(i) if the offence is committed knowingly, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both, and

(ii) if the offence is committed negligently, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both.

(a) section 86 (hold certificate or document and comply with its terms and conditions);

(b) subsection 89(1) (inform Minister of medical opinion);

(c) subsection 89(2) (inform that holder of a certificate);

(d) subsection 93(1) (pay expenses);

(e) subsection 96(1), (2), (3) or (4) (take measures following a death); or

(f) paragraph 97(e) (failure to pay expenses).

(a) on conviction on indictment,

(i) if the offence is committed knowingly, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both, and

(ii) if the offence is committed negligently, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both; and

(b) on summary conviction,

(i) if the offence is committed knowingly, to a fine of not more than $50,000, and

(ii) if the offence is committed negligently, to a fine of not more than $25,000.

(a) subsection 82(1) (ensure employees present Canadian maritime documents);

(b) paragraph 90(1)(a) (enter into articles);

(c) paragraph 90(1)(b) (display articles);

(d) section 91 (provide certificate of discharge);

(e) subsection 92(1) (maintain record of sea service);

(f) subsection 92(2) (provide copy of record of sea service);

(g) paragraph 97(a) (enter into articles);

(h) paragraph 97(b) (provide certificate of discharge);

(i) paragraph 97(c) (maintain record of sea service);

(j) paragraph 97(d) (provide copy of record of sea service); or

(k) a provision of the regulations made under paragraph 99(j).

(a) if the offence is committed knowingly, to a fine of not more than $10,000; and

(b) if the offence is committed negligently, to a fine of not more than $5,000.